11 C.F.R. § 5.4

Availability of records

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(a) In accordance with 52 U.S.C. 30111(a), the Commission shall make the following material available for public inspection and copying through the Commission's Public Disclosure and Media Relations Division:

(1) Reports of receipts and expenditures, designations of campaign depositories, statements of organization, candidate designations of campaign committees and the indices compiled from the filings therein.

(2) Requests for advisory opinions, written comments submitted in connection therewith, and responses issued by the Commission.

(3) With respect to enforcement matters, any conciliation agreement entered into between the Commission and any respondent.

(4) Opinions of Commissioners rendered in enforcement cases and General Counsel's Reports and non-exempt 52 U.S.C. 30109 investigatory materials shall be placed on the public record of the Agency no later than 30 days from the date on which all respondents are notified that the Commission has voted to close such an enforcement file.

(5) Requests for guidance and responses thereto.

(6) The minutes of Commission meetings.

(7) Material routinely prepared for public distribution, e.g. campaign guidelines, FEC Record, press releases, speeches, notices to candidates and committees.

(8) Audit reports (if discussed in open session).

(9) Agendas for Commission meetings.

(b) The provisions of this part apply only to existing records; nothing herein shall be construed as requiring the creation of new records.

(c) In order to ensure the integrity of the Commission records subject to the Act and the maximum availability of such records to the public, nothing herein shall be construed as permitting the physical removal of any Commission records from the public facilities maintained by the Public Disclosure and Media Relations Division other than copies of such records obtained in accordance with the provisions of this part.

(d) Release of records under this section is subject to the provisions of 5 U.S.C. 552a.

[45 FR 31293, May 13, 1980, as amended at 65 FR 9207, Feb. 24, 2000; 79 FR 77844, Dec. 29, 2014; 81 FR 94240, Dec. 23, 2016; 89 FR 213, Jan. 2, 2024]

Notes of Decisions

Cited in 11 cases (4 in the last 5 years), 1992–2024 · leading case: Am. Fed'n of Labor & Cong. of Indus. Organizations v. Fed. Election Comm'n, 333 F.3d 168 (D.C. Cir. 2003).

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Am. Fed'n of Labor & Cong. of Indus. Organizations v. Fed. Election Comm'n, 333 F.3d 168 (D.C. Cir. 2003). · cites it 6× “The latter regulation, 11 C.F.R. § 5.4 (a)(4), requires the disclosure of investigatory file materials in closed cases: Opinions of Commissioners rendered in enforcement cases and General Counsel’s Reports and non-exempt 2 U.”

United States v. Jesse Benton, 890 F.3d 697 (8th Cir. 2018). “§ 30111 (a) ; 11 C.F.R. § 5.4 (a). Accordingly, and in contrast to the situation that existed in United States v.”

Fed. Election Comm'n v. Nat'l Repub. Senatorial Comm., 966 F.2d 1471 (D.C. Cir. 1992). “The proceedings then became part of the public record ( 11 C.F.R. § 5.4 (a)(4)) and the Commission notified Common Cause of the outcome.”

Am. Fed'n of Labor & Cong. of Indus. Organizations v. Fed. Election Comm'n, 177 F. Supp. 2d 48 (D.D.C. 2001). “In May of 2001, and again in July of 2001, when the Commission rejected Plaintiffs' requests to keep the investigative files confidential, the FEC asserted as bases for disclosure § 437g(a)(12)(A), its implementing regulations, and its public disclosure regulations, 11 C.F.R. §§…”

Freedom Watch, Inc. v. Mueller (D.D.C. 2020). · cites it 3× “The declarant states that release of the SCO’s public affairs officials’ notes would result in DOJ employees becoming “reticent to document notes of their internal decision- making processes, to share their opinions, and they would be 6 To support its arguments as to the…”

Citizens for Responsibility & Ethics in Washington v. Fed. Election Comm'n (D.D.C. 2024). · cites it 3× “” 11 C.F.R. § 5.4 (a)(4). Citing these provisions, CREW claims the FEC “must satisfy [its] obligation by producing materials in the record that predate the vote to close.”

Citizens for Responsibility & Ethics in Washington v. Fed. Election Comm'n (D.D.C. 2023). · cites it 2× “The other provision, 11 C.F.R. § 5.4 , which harmonizes these confidentiality rules with the Freedom of Information Act, AFL-CIO, 333 F.”

Doe v. Fed. Election Comm'n (D.D.C. 2018). “Because 11 C.F.R. § 5.4 (a)(4) fails to undertake this tailoring, it creates the serious constitutional difficulties outlined above.”

Campaign Legal Ctr. v. Iowa Values (D.D.C. 2023). “" 11 C.F.R. § 5.4 (a)(4). If the FEC dismisses an administrative complaint or fails to act on it, the complainant may seek recourse in the courts through a two-part procedure set out in 52 U.”

Campaign Legal Ctr. v. Iowa Values (D.D.C. 2024). “” 11 C.F.R. § 5.4 (a)(4). 2 If the FEC dismisses an administrative complaint or fails to act on it, the complainant may turn to the courts for recourse through a two-part procedure set out in 52 U.”

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